3 weeks ago
Bombay HC Asks Maharashtra to Overhaul RTE School Reimbursement System
Some schools in Maharashtra give free seats to children from poor families, as the law asks them to.
The government made a rule that says these schools should get money back for teaching those children for free.
But the government was very slow in paying the schools.
Many schools got upset and went to court to ask for their money.
This year alone, 133 such cases were filed at the Bombay High Court.
The judges said the government must make a proper plan with clear time limits for payments.
The government told the court it would pay within four weeks, by September 4.
The court also said the payment for each child has not gone up since 2016, even though school costs have risen.
The next check-up on the payments will happen on September 7.
The judges hope the government will fix the system so schools do not have to keep coming to court.
The Bombay High Court has directed Maharashtra to overhaul its RTE reimbursement mechanism for unaided schools and fix clear timelines for processing and releasing payments.
Between January 1 and August 6, 2026, 133 writ petitions were filed seeking release of RTE reimbursement payments.
The court was hearing a contempt petition in which schools claimed Rs 3.65 crore in dues under its March 26 order.
The State assured the court it would release admissible amounts within four weeks and by September 4, with compliance to be reported on September 7.
The court noted the reimbursement rate of Rs 17,670 per child has remained unchanged since 2016-17 despite rising educational costs.
- Who
- A Bombay High Court bench of Justices Riyaz Chagla and Farhan Dubash, unaided schools, and the Maharashtra government.
- What
- The court directed Maharashtra to fix timelines and monitoring mechanisms for RTE reimbursement payments to unaided schools.
- Where
- Bombay High Court, Maharashtra, India.
- When
- The order was issued on August 7, 2026, and the hearing was reported on August 8, 2026.
- Why
- Delays in reimbursing schools for educating children under the RTE Act caused recurring litigation, including 133 petitions filed this year.
Schools' Perspective
State Government's Perspective
Reimbursement delays
Schools' Perspective
Schools say delayed RTE reimbursement imposes avoidable hardship on educational institutions and forces them into repeated litigation to recover dues.
State Government's Perspective
The State cites the need for administrative verification of claims, but assured the court it will release admissible amounts within four weeks and by September 4.
Adequacy of reimbursement amount
Schools' Perspective
Schools continue to incur expenses while the reimbursement rate of Rs 17,670 per child has stayed unchanged since 2016-17 despite rising educational costs.
State Government's Perspective
Payments are assured only for 'admissible amounts' under the State's verification procedure, and the court asked the State to review whether the current rate is adequate.
Key facts
- Court
- Bombay High Court
- Bench
- Justices Riyaz Chagla and Farhan Dubash
- Writ petitions filed in 2026
- 133 (between January 1 and August 6)
- Amount claimed in contempt petition
- Rs 3.65 crore
- State's payment deadline
- September 4, 2026
- Next hearing date
- September 7, 2026
- Reimbursement rate per child
- Rs 17,670 (unchanged since 2016-17)
- RTE quota for unaided schools
- 25% of Class I seats for weaker sections and disadvantaged groups
Quotes
Justices Riyaz Chagla and Farhan Dubash
Justice of the Bombay High Court
“This recurring litigation not only imposes avoidable hardship upon educational institutions but also results in unnecessary consumption of judicial time in matters which ought ordinarily to be resolved administratively.”
freepressjournal.in
“Administrative verification cannot become a justification for indefinite inaction.”
freepressjournal.in
Sources
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